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Anti-Cybercrime bill now a law, criminalizes bashing

Q: Key Point 2: Noynoy Aquino has formally signed into a law Republic Act...

Noynoy Aquino has formally signed into a law Republic Act No.

Q: Key Point 3: 10175 or more commonly referred to as the Anti-Cybercrime Law.

10175 or more commonly referred to as the Anti-Cybercrime Law.

Abe Olandres September 16, 2012 · 2 min read

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Earlier last week (September 12 to be exact), Pres. Noynoy Aquino has formally signed into a law Republic Act No. 10175 or more commonly referred to as the Anti-Cybercrime Law.

This law will be jointly coordinated and implemented by the DOST, DOJ and the DILG and be implemented in 90 days.

A copy of the signed law is shown below.

One controversial section of this law is the Online Libel which makes just about anybody on the internet liable when they bash, attack, debase, humiliate or anything of that sort. That might also include cyber-bullying.

As someone who has been confronted with libel case as far back as 2006, I feel this development has serious implications. The law, while it aims to protect the victims of online crimes, can also be used to harass.

Then again, this is also a strong warning against hackers, crackers, phishers, online scammers and bullies that their days are finally over. We remember, back in August, over 300 people were arrested by the PNP and PAOCC for alleged cyber-criminal acts.

The government has allocated Php50 million annually to put up this agency. So, the next time someone hacked your Yahoo! email, cracked your Paypal account, or scammed you into buying a fake item over Sulit, you know there’s a specific law just for it.

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Abe Olandres

Editor-in-chief

Abe is the founder and Editor-in-Chief of YugaTech with over 20 years of experience in the technology industry. He is one of the pioneers of blogging in the country and considered by many as the Father of Tech Blogging in the Philippines. He is also a technology consultant, a tech columnist with several national publications, resource speaker and mentor/advisor to several start-up companies.

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114 Comments

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I know this web page gives quality depending articles or reviews and other stuff, is there any
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Boy Sigwa · 14 years ago

The problem are too many. Like real identity. Someone can use your identity or other identity and do some cyber bullying. How are you gonna catch the real culprits, and you might be surprise these are being done by robots !!!!

liscensedgirl · 14 years ago

I’m so happy that we already have “Anti-Cybercrime bill” until now, i dont want to activate my Facebook account because of my ex boyriend, who is a stalker of mine now. He made an account which is in my name and add all my co-workers, my friends, also my family members and the worst senario “destroying my family”. He e-mailed my husband about my daughter saying He is not the father which is not true and until now that account is still activated and still sending message to my husband.I know God has a plan for everything and this is the right time.. Right time to speak and right time to have a justice,. for me and for my daughter..

Antethesis · 14 years ago

Before anyone complains further, the main reason I object to the law, above the libel clause, is Section 12. They can literally spy on us — without a court order. Read, analyze, then decide for yourself.

devil’s advocate · 14 years ago

interested european here.
essentially we need protection against cybercrime but it comes one-sided.
much of that is the fault of the buggy software. system houses should be held responsible for damage on open attack vectors.
“social crime” has to be targeted more in physical life. rumor is rumor, society needs to learn to discard negativity, and never believe too quickly.
we must not forget the emancipatory factor of free speech, because too many are powerful enough to get away with any lie, and very often such law won’t help.

please, search out the european “clean IT” project. there are coincidences, also with the danger of misuse. the agenda is not just local. it’s also about those notorious “trade agreements” that want to lock down influence by democracy.

http://www.atimes.com/atimes/Southeast_Asia/NI20Ae02.html
this is about vietnam’s blog wars.

jrmagtago · 14 years ago

GUYS WHY OTHERS N I ARE AGAINST TO THIS LAW BECAUSE WE HAVE THE SAME SENTIMENT WHO OPPOSE THIS LAW LIKE GUINGONA AND HE SAID BY CLICK THIS LINK:https://www.facebook.com/photo.php?fbid=413317762057128&set=a.111452745576966.16292.103868143002093&type=1&theater THAT OTHERS AND I ARE AGREED TO HIS SENTIMENT THAT YOU SHOULD ALSO KNOW GUYS.

jrmagtago · 14 years ago

GUYS THIS LAW CAN BE HARASS BY THREATENING TO US OF ONLINE LIBEL THAT HAVE BEEN USED TO MAINSTREAM REMEMBER LIKE ARROYO FILING MORE JOURNALIST OF LIBEL EVEN IF THEY ARE TRUE.

francis delarmente · 14 years ago

ayaw ng gobyernong eto, kasi maraming amoy na mabahong nangangamoy sa pamahalaan nya, nagmamalinis sa baluktot na daan, wala nmang mangyayasri jaan kahit makulong pa c gloria at corona marami paring corruption, akala nila bumaba ang corruption eh lalo nga tumataas yaan an totoo

april_thunder · 14 years ago

The problem here in the Philippines is not really just this on-line libel thingie. It’s the way our JUDGES INTERPRET libel. Do you realize that here in the Philippines, telling the TRUTH cannot be used as a defense in a libel case? Can you imagine that??? If they think that there was malice in what you wrote, then you will be found guilty anyway. This gives them excessive latitude in deciding libel cases. Most civilized, democratic countries penalize those found guilty of libel with the payment of a fine, or damages, but they DON’T SEND PEOPLE TO JAIL. Since libel is a “jailable” offense in the Philippines, this also has caught the attention of the U.N. Commission on Human Rights. Certainly our libel laws can be used as a tool for repression and oppression.
http://www.philpressinstitute.com/2012/04/24/continue-fight-for-libel-decriminalization-media-urged/

april_thunder · 14 years ago

Most of you are missing the point. The problem here in the Philippines is not really just this on-line libel thingie. It’s the way our JUDGES INTERPRET libel. Do you realize that here in the Philippines, telling the TRUTH cannot be used as a defense in a libel case? Can you imagine that??? If they think that there was malice in what you wrote, then you will be found guilty anyway. This gives them excessive latitude in deciding libel cases. Most civilized, democratic countries penalize those found guilty of libel with the payment of a fine, or damages, but they DON’T SEND PEOPLE TO JAIL. Since libel is a “jailable” offense in the Philippines, this also has caught the attention of the U.N. Commission on Human Rights. Certainly our libel laws can be used as a tool for repression and oppression.
http://www.philpressinstitute.com/2012/04/24/continue-fight-for-libel-decriminalization-media-urged/

clutz · 14 years ago

“Sec.4 (c.4) Libel. â€” The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.”

mukhang wala naman dapat ikabahala dito..

Abdul-karim · 14 years ago

@obob ganyan naman kasi ang pulitika. karamihan, sarili muna bago iba.

obob · 14 years ago

Ang bilis ipinasa ng bill na to pero yung freedom information act/bill hindi mapasa pasa. Pabor kasi sa mga pulitiko pero pag sila nagigipit hindi mapasa ang mga batas na tinatarget sila.

Zel · 14 years ago

Absolutely. I agree with this Law for it really contributes a lot of benefits for each individual. Let us all be united for the Country’s Progress.

denden · 14 years ago

so any link of the new law? slideshare.net is block in the office..

cyber-bullying is a crime? if they can find a all of the thousand cyber-bullies(e.g. sotto incident)
they cannot even catch edsa’s traffic public transport offenders much more of a cyber crime?

Arsie · 14 years ago

@denden.. you can check ti from MalacaÃ±ang Gazette – http://www.gov.ph/2012/09/12/republic-act-no-10175/

feubasagulerosauaap · 14 years ago

puro na lang batas mga putangina nila pasimuno nian si sotto na nangongopya sa blog ng iba bakit hindi sila ang paginitan nio mga putang ina nio!!!!

Arsie · 14 years ago

I am not really sure how to feel with this new bill. I feel like it was also copied from another bill. :) i.e. Cyber squatting of domains?? What do they know about it anyway? There’s a proper channel to do it like DMCA or the concern affected parties could directly email or contact the webhosting or the owner of the site. Really now, I understand and felt like it’s the right thing to do for some parts of the bill like the “cyber-theft” issues but some of the bill looks unfitting. Or was this created mainly to protect their turf against cyber-bullying.. you know who I am referring to.

Truth · 14 years ago

Guys you did realized this is a stupid law? What happens if someone used your identity and bashes/bullies someone on the web? then chances are you are the one getting into trouble and would pay the price eventhough you are innocent.

Mystique · 14 years ago

I believe your IP address can be traced down. So the more that the person can be held liable due to impersonation and identity theft.

king gaa · 14 years ago

i disagree with your opinion that this is a useless law, regarding your concern there is a particular provision (Art.2,sec.3)that penalize identity theft, all you have to do is prove na wala ka ng access sa account na ginamit (kung na hack)or trace the ip address ng last user…the cyber crime division of NBI is capable of doing this……the law will also make the user more careful and responsible di lang sa mga sinasabi nila sa mga social networking site pero pati sa mga account nila

Jim Arc · 14 years ago

Cyber Libel is what really bugs me. Parang matatakot ka na mag voice ng opinion mo at magsabi ng mga hinanakit mo mapa gobyerno man o ibang tao, kasi malay mo gagamitin na pala laban sa iyo yung sinulat mo? Halata naman ang makikinabang lang ng husto dito ay mga pulitiko.

lawrence · 14 years ago

Well, as much as i dislike noynoy, this bill has its merit. As long as it will stick to the concept of defamation clearly defined in our law, i see no difference of the act being done online or actual. And freedom of speech is never absolute, it stops to the point when personal injury occurs. This will greatly help private individuals like us in protecting our personal rights. Its a different case for public officials anyway, for the law aknowledges we, citizens, are under qualified privilege to give our opinions regarding public matters.

David · 14 years ago

Before the next (ignorant) person cries freedom of speech, please read and (hopefully) understand what it really means:

http://en.wikipedia.org/wiki/Freedom_of_speech

And while at it, please read the bill also before commenting. While nothing can essentially force you to, it helps to read and understand first.

And yes, I read both even if you feel I don’t. Time will tell how this one is enforced, although it can be disconcerting if one sues just to shut up another because they can afford to.

hhkk · 14 years ago

freedom of speech is not absolute, that’s what most people are forgetting, people who say any offensive/libellous/derogatory remarks towards another person online or not should face proper consequences!

vhangell · 14 years ago

If the servers are not hosted in the Philippines, is it covered?

enrico · 14 years ago

ok lang yan.. alam niyo naman, hindi din mai-implement yan ng mabuti..

joanevert · 14 years ago

tama lang ang law nato..minsan hindi nio alam na ang gagawa nito snio ay ung mga taong malapit pa sau..okay lang nmn ang tuksuhan pro ung intentionally na saktan ang tao at ipahiya s iba, ibang usapan na un..tama lang na makulong cla..they deserve that..thank u and naipasa na ang law nato..

Adam · 14 years ago

The article is misleading. Bashing is not criminalized. Libel is. If the “bashing” is based on fact with the writer/speaker’s interpretation thereof, it becomes fair comment which makes it protected speech.

Abe Olandres Editor-in-chief · 14 years ago

Depends on the definition. Here’s what we adapted: http://en.wikipedia.org/wiki/Flaming_(Internet)

charicepost · 14 years ago

we still have the freedom to do whatever we like but we also need to accept the consequences once we hurt other people. the law is not created to give freedom to selfish ignorant acts. We are humans & not an animals… these law only applies to those people who do illegal acts & arrogant behaviour. If you want to be human & want to be part of the community then learn to respect house rules. & thats how you will also start to respect yourself & others

badong · 14 years ago

can they sue someone who made a libelous post “before” this bill was passed?

anonymous · 14 years ago

No. Anyone who posted “libelous posts” before this law was passed cannot be sued in violation of RA 10175 since this would be tantamount to a bill of attainder or ex post facto bill. That is prohibited by our Constitution.

daniel · 14 years ago

oMG bawal ko nang sabihing sobrang bobo at walang kwenta ni Sotto? waaaaaaaaa FREEEEEEDOM!! THIS IS EARTH!

ULAP · 14 years ago

stupid politicians….why don’t you solve the real problems of our country instead of this stupid bullying issue…

MarkSalazar · 14 years ago

What is happening to our country? Are we not a free people?

ceegii63 · 14 years ago

up next: BAN SOCIAL MEDIA

Bryan · 14 years ago

Unsolicited Commercial Communications <- are SMS spams included under this?

jayson · 14 years ago

hi guys,

help me out here, which part of the bill mentions cyberbullying?

thanks,

Andrei Gonzales · 14 years ago

Hold on… was the article image above even purchased? Why does it still have its copyright watermarks on it?

Oh the irony.

Abe Olandres Editor-in-chief · 14 years ago

It is a test of the Anti-Cybercrime Law. We’re waiting to get sued.

Miss Call · 14 years ago

Tama, dapat tinanggal nila yung copyright watermark at iclaim nila na sa kanila yung image without attribution para maging irony nga.

Anon · 14 years ago

Give this law a chance, you guys. You complain as if it’s your favorite pastime.

deuts · 14 years ago

Lagot si Professional Heckler! hehehe

What about people calling other people as iSheep, pwede rin kaya sampahan ng kaso? hehehe

Mackoy · 14 years ago

Say hello to Online Martial Law.

kkk · 14 years ago

another step in the never ending pussification of the human race

charicepost · 14 years ago

too much freedom could be dangerous thats why we have government & religion to keep everyone grounded. Lets not forget we are human & we need protection not just from other people but also from ourselves. Lets not be selfish that everything should be about you/us, there are other people & kids who commit suicide because of bullying. We keep saying that its our freedom for speech/opinion but i think its also the governments freedom to have theirs too. If we cant respect governments opinion then how can we give respect to others & ourselves. Government is an embodiment of our entire culture & society, it is all about EVERYONE not me, you, him, or her,,,,

el toro bumingo · 14 years ago

Whenever a new law is passed, the real challenge is always in the implementation. With other serious cases like murder and drugs plaguing our courts, this will be another burden to the accused and the judiciary :(

Tribs · 14 years ago

Tama si TY. This is a sensitive issue that borders on freedoms of speech, expression and so on. I read the whole law and I am not a lawyer. There are so many points subject to interpretation. For example if I say, I don’t like this watch because of whatever reason, that is MY personal opinion and even if I tell the whole world about it–it remains to be my opinion. Now cyber bullying is another thing. Bullies naman are cowards whether in the real or the virtual world.

charicepost · 14 years ago

too much freedom could be dangerous thats why we have government & religion to keep everyone grounded. Lets not forget we are human & we need protection not just from other people but also from ourselves. Lets not be selfish that everything should be about us, there are other people & kids who commit suicide because of bullying. You keep sating about its our freedom for opinion but i think its also governments freedom to have their too. If cant respect governments opinion then how can we give respect to others & ourselves. Government is an embodiment of our entire culture & society.

charicepost · 14 years ago

we can always say what we want not in an offending way. Lets practice respecting others. Being rude is not gonna do good to us.

charicepost · 14 years ago

we can always say what we want not in an offending way.

Miss Call · 14 years ago

Good thing that Sotto is now protected against “cyber-bullying”.

PJ De Jesus · 14 years ago

I am not liking this law. And yeah right, how about freedom of speech?

“One controversial section of this law is the Online Libel which makes just about anybody on the internet liable when they bash, attack, debase, humiliate or anything of that sort. That might also include cyber-bullying.”

Bob · 14 years ago

Does this include Smart’s Time to Change campaign (obviously) against Globe?

ty · 14 years ago

so if i blog negative reviews about my experience, say, a restaurant…am i gonna get in trouble for that…how about our freedom of speech…i thought we live in a democratic society!